[Federal Register Volume 72, Number 133 (Thursday, July 12, 2007)]
[Notices]
[Pages 38065-38067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-13556]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XB14


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to Construction and Operation of Offshore Oil and Gas 
Facilities in the Beaufort Sea, Alaska

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of issuance of a letter of authorization.

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SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA), as 
amended, and implementing regulations, notice is hereby given that NMFS 
has issued a letter of authorization (LOA) to BP Exploration (Alaska), 
Inc. (BP) to take marine mammals incidental to the production of 
offshore oil and gas at the Northstar development in the Beaufort Sea 
off Alaska.

DATES: This Authorization is effective from July 7, 2007, through July 
6, 2008.

ADDRESSES: The LOA and supporting documentation may be obtained by 
writing to P. Michael Payne, Office of Protected Resources, NMFS, 1315 
East-West Highway, Silver Spring, MD 20910, or by telephoning one of 
the contacts listed here.

FOR FURTHER INFORMATION CONTACT: Candace Nachman or Kenneth R. 
Hollingshead (301) 713-2289, or Bradley Smith (907) 271-3023.

SUPPLEMENTARY INFORMATION: Section 101(a)(5)(A) of the MMPA (16 U.S.C. 
1361 et seq.) directs NMFS to allow, on request, the incidental, but 
not intentional, taking of small numbers of marine mammals by U.S. 
citizens who engage in a specified activity (other than commercial 
fishing) within a specified geographical region, if certain findings 
are made by NMFS and regulations are issued. Under the MMPA, the term 
``take'' means to harass, hunt, capture, or kill or to attempt to 
harass, hunt, capture, or kill marine mammals.
    Authorization, in the form of annual LOAs, may be granted for 
periods up to 5 years if NMFS finds, after notice and opportunity for 
public comment, that the taking will have a negligible impact on the 
species or stock(s) of marine mammals and will not have an unmitigable 
adverse impact on the availability of the species or stock(s) of marine 
mammals for subsistence uses. In addition, NMFS must prescribe 
regulations setting forth the permissible methods of taking and other 
means of effecting the least practicable adverse impact on the species 
and its habitat, and on the availability of the species for subsistence 
uses. The regulations also must include requirements pertaining to the 
monitoring and reporting of such taking. Regulations governing the 
taking of marine mammals incidental to construction and operation of 
the offshore oil and gas facility at Northstar were made effective on 
April 6, 2006 (71 FR 11314, March 7, 2006), and remain in effect until 
April 6, 2011. These regulations include mitigation, monitoring, and 
reporting requirements. The six species of marine mammals that BP may 
take in small numbers during construction and operation of the 
Northstar facility are bowhead whales (Balaena mysticetus), gray whales 
(Eschrichtius robustus), beluga whales (Delphinapterus leucas), ringed 
seals (Phoca hispida), spotted seals (Phoca largha), and bearded seals 
(Erignathus barbatus).
    Impacts on marine mammals may occur through noise from barge, 
helicopter traffic, drilling, and other noise sources on the island 
facility. Impacts may also result if there is an oil spill resulting 
from production. While noise impacts on marine mammals will be low 
(activities on Northstar Island will make less noise than that from 
standard jack-up rigs, the concrete island drilling structure, or 
seismic activity), marine mammals will likely hear the noise at 
distances up to 10 km (6.2 mi) from the island. In addition, there may 
be some harassment (including injury or mortality) of ringed seals 
during winter ice-road construction. No take is authorized for an oil 
spill.
    As oil spills are highly unlikely, impacts on marine mammals from 
an oil spill are also unlikely to take place. However, in order to 
mitigate the potential for impacts on bowheads and the subsistence use 
of bowheads, BP will not drill into oil-bearing strata during periods 
of open water or broken ice, essentially the time period between June 
13 and ending with the presence of 18 inches of continuous ice cover 
for one-half mile in all directions. Mitigation has been proposed by BP 
to the North Slope Borough native community to ensure that, in the 
event that an oil spill does occur, it will not have an unmitigable 
adverse impact on the subsistence use of the bowhead whale.
    Additionally, take of marine mammals will also be minimized through 
implementation of the following mitigation measures: (1)

[[Page 38066]]

avoiding sea lairs by 100 m (328 ft) if new activities occur on the 
floating sea ice after March 20; (2) establishing and monitoring during 
all daylight hours a 190 dB safety zone for seals and a 180 dB safety 
zone for whales; (3) visually monitoring of the safety zones for at 
least 30 minutes prior to the commencement of activities; (4) shutting-
down of sound sources if marine mammals enter the respective safety 
zones; (5) scheduling non-essential boat, barge, and air traffic to 
avoid periods when bowhead whales are migrating through the area; and 
(6) limiting helicopter flights to a corridor from Seal Island to the 
mainland, and, except when limited by weather, will maintain a minimum 
altitude of 1,000 ft (305 ft), except during takeoff and landing.

Monitoring and Reporting

    Monitoring and reporting requirements are contained in the 
Northstar regulations (50 CFR 216.206) and described in the final rule 
(71 FR 11314, March 7, 2006). Monitoring reports are submitted annually 
as required by the regulations and the LOA and plans and reports are 
peer-reviewed as required by the MMPA and regulations. A list of these 
reports is available upon request (see ADDRESSES). No new activities 
were conducted during the summer of 2006, and therefore, no specific 
acoustic recordings of new sources were undertaken in 2006. Acoustic 
monitoring of the 2006 bowhead whale migration was implemented during 
the fall of 2006, as planned. No industrial source operating at 
Northstar during the past year has produced sounds capable of reaching 
180 dB in the water, and therefore, no monitoring of the ``safety 
radii'' has been implemented. Ice-road and other construction 
activities on previously undisturbed ice were not initiated after March 
1, 2006; therefore, dog-assisted surveys of such areas were not 
required in 2006.

Summary of Request

    On April 23, 2007, NMFS received a request from BP for a renewal of 
an LOA issued on July 7, 2006, for the taking of marine mammals 
incidental to oil production operations at Northstar, under section 
101(a)(5)(A) of the MMPA. This request (BP, 2007) contains information 
in compliance with 50 CFR 216.209, which updates information provided 
in BP's original application for takings incidental to construction and 
operations at Northstar.

Summary of Activity and Monitoring Under the Current LOA

    One offshore ice road was built during the 2005-2006 ice-covered 
season. Helicopters made 465 round trips to Northstar during the 2005-
2006 ice-covered season to transport crew and materials to and from the 
facility and recommended flight corridors and altitude restrictions 
were maintained. Hagglunds tracked vehicles made 70 round trips between 
West Dock and Northstar Island, and the hovercraft made 249 round trips 
during the 2005-2006 ice-covered season.
    Drilling activities were conducted at six well sites during the 
reporting period. Two new wells were drilled and completed, and surface 
drilling was conducted at a third new well site. Routine maintenance 
activities to repair the block system and fabric barrier around 
Northstar Island occurred from May 26 through June 28, 2006.
    Each month, six to seven aerial surveys were conducted to inspect 
the pipeline for leaks or spills. There were 17 reportable Northstar-
related spills during the 2005-2006 ice-covered season. Material 
spilled included corrosion inhibitor, scale inhibitor, diesel fuel, 
hydraulic fluid, anti-foulant, drilling mud, sulfuric acid, 
hydrochloric acid, and sewage. Most of this material remained in 
contaminant and was recovered. Smaller amounts of some materials, 
including sewage, corrosion inhibitor, hydraulic oil, drilling mud, 
hydrochloric and sulfuric acid, and diesel fuel were spilled outside of 
containment. All material spilled during this ice-covered season was 
cleaned up.
    During the open-water period, there were 261 helicopter round 
trips, 560 hovercraft round trips, 64 tug and barge trips, and 106 
Alaska Clean Seas Bay-class boat round trips to Northstar. There were 
an additional five trips by Bay-class boats in association with 
acoustic monitoring of the bowhead whale migration. Three reportable 
spills occurred during the 2006 open-water period. Spilled material 
included scale and corrosion inhibitor and lube oil. All spilled 
material was cleaned up.
    No responses of seals to Northstar activities were noted during 
monitoring surveys other than that a seal was noted to raise its head 
in 2005, possibly in response to Northstar activities. Results of seal 
counts conducted from Northstar Island during the reporting period did 
not provide evidence, or reason to suspect, that any seals were killed 
or injured by Northstar-related activities during 2006. No activities 
were conducted that could have exposed pinnipeds and whales to 
underwater received levels greater than 190 dB re 1 microPa (rms) or 
180 dB re 1 microPa (rms), respectively. There were no spills of liquid 
hydrocarbons that reached the water under the sea ice.
    Seven Directional Autonomous Seafloor Acoustic Recorders (DASARs) 
were installed from August to September, 2006. Four of the devices were 
deployed at locations 11.5-16.6 km (7.1-10.3 mi) NNE of Northstar 
Island and recorded low-frequency sounds continuously for approximately 
18 days. Near-island recordings were obtained from three DASARs placed 
410-465 m (1,345-1,525 ft) from Northstar over approximately 27 days. 
In total, 1,509 bowhead whale calls were recorded over approximately 18 
days at the four offshore DASAR locations. This number is lower than 
calls recorded from 2001-2004 but higher than the number recorded in 
2005 (Richardson, 2007). The low call counts in 2006 are probably 
related to the presence of heavy nearshore ice during the 2006 season, 
which may have deflected the migration pathway farther offshore than in 
years with open water (i.e., 2001-2004). The 2006 season also had the 
fewest days of recording offshore. A new sound was recorded in 2006 
that has not been heard before. The acoustic technicians do not believe 
these sounds were produced by whales, but they have not discovered 
their origin(s) (Richardson, 2007).
    Sound emissions associated with Northstar activities in 2006 were 
probably somewhat higher than in 2005, and this difference would mainly 
be attributable to extra boat traffic rather than island sounds per se. 
Nevertheless, sound emissions associated with Northstar activities in 
2006 were below sound emissions in 2001, 2002, and 2003. The number of 
whales deflected offshore in response to Northstar operations in 2006 
cannot be estimated by the methods that have been applied to the more 
extensive datasets acquired in 2001-2004. However, if the overall 
migration corridor in the central Alaskan Beaufort Sea was farther 
offshore in 2006 than in some other recent years, as various indicators 
suggest, then Northstar sounds would have been (on average) less 
audible to bowhead whales than at some times in the past. In that case, 
the number of whales deflected by Northstar-related sounds in 2006 
would likely be toward the low end of the range for 2001-2004.
    Subsistence hunters from Nuiqsut who traveled to Cross Island for 
the annual bowhead whale hunt did not report any negative effects from 
Northstar activities on their ability to

[[Page 38067]]

conduct the hunt. The full quota of whales was taken.

Authorization

    BP complied with the requirements of the 2006 LOA, and NMFS has 
determined that the marine mammal take resulting from the 2006 
construction and operation activities is within that analyzed in and 
anticipated by the associated regulations. Accordingly, NMFS has issued 
a 1-year LOA to BP, authorizing the taking of marine mammals incidental 
to oil production operations at the Northstar offshore facility in 
state and Federal waters in the U.S. Beaufort Sea. Issuance of this LOA 
is based on findings described in the preamble to the final rule (71 FR 
11314, March 7, 2006) and supported by information contained in BP's 
2006 annual report that the activities described in the LOA will result 
in the taking of no more than small numbers of bowhead whales, beluga 
whales, ringed seals, and, possibly California gray whales, bearded 
seals, and spotted seals and that the total taking will have a 
negligible impact on these marine mammal stocks and would not have an 
unmitigable adverse impact on the availability of these species or 
stocks for taking for subsistence uses.

    Dated: July 6, 2007.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. E7-13556 Filed 7-11-07; 8:45 am]
BILLING CODE 3510-22-S